Q: Can you get a felony case dropped if they haven’t indicted you after 180 days of getting out of jail?
I got arrested in Waller Texas in October of 2020 and it’s almost been 180 days since I’ve been out. I had an arraignment but i read online that if I don’t have an indictment that I can fight to get my case dropped and was wondering if this was true.
A: If the case is dismissed now then you will be released from the bond. However, if you are later indicted an arrest warrant will be issued because you are no longer on bond. The state has up to 3 years to indict you for most felonies so should be sure that the prosecutors don't want the case before pressing for a dismissal due to preindictment delay. At least have a private discussion of the pros and cons with your criminal defense attorney. The attorney may have insight on any potential backlogs going on in your county due to the pandemic.
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